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									      Case 3:07-cv-02611-JSW          Document 3       Filed 05/23/2007     Page 1 of 2



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 4                        IN THE UNITED STATES DISTRICT COURT
 5                    FOR THE NORTHERN DISTRICT OF CALIFORNIA
 6
 7   SILVERIO REYES MARTINEZ,                     ) No. C 07-2611 JSW (PR)
                                                  )
 8                 Petitioner,                    )
                                                  )
 9          vs.                                   ) TRANSFER ORDER
                                                  )
10   M. EVANS, Warden,                            ) (Docket No. 2)
                                                  )
11                 Respondent.                    )
                                                  )
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            Petitioner, a prisoner incarcerated at Salinas Valley State Prison in Soledad,
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     California, has filed a petition for a writ of habeas corpus seeking review of his criminal
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     conviction from Sacramento County, which lies within the venue of the Eastern District
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     of California. See 28 USC § 84(b). Venue is proper in a habeas action in either the
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     district of conviction or the district of confinement, see id § 2241(d). However, federal
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     courts in California traditionally have chosen to hear petitions challenging a conviction
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     or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767
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     (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
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            Therefore, the Court ORDERS that pursuant to 28 USC § 1404(a) and Habeas LR
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     2254-3(b), and in the interest of justice, the Clerk of Court shall TRANSFER this matter
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     to the United States District Court for the Eastern District of California. In light of the
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     transfer, this Court will not resolve Petitioner’s pending motion (docket no. 2).
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            IT IS SO ORDERED.
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     DATED: May 23, 2007                 _______________________
27                                       JEFFREY S. WHITE
                                         United States District Judge
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            Case 3:07-cv-02611-JSW          Document 3          Filed 05/23/2007     Page 2 of 2



 1                                UNITED STATES DISTRICT COURT

 2                                               FOR THE

 3                               NORTHERN DISTRICT OF CALIFORNIA

 4
 5
     SILVERIO R MARTINEZ,                                   Case Number: CV07-02611 JSW
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                    Plaintiff,                              CERTIFICATE OF SERVICE
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       v.
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     M EVANS et al,
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                    Defendant.
10                                               /

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     I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
12   Court, Northern District of California.

13   That on May 23, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said
     copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
14   said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
     receptacle located in the Clerk's office.
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17   Silverio Reyes Martinez T-37730
     Salinas Valley State Prison
18   B4-232
     P.O. Box 1050
19   Soledad, CA 93960-1050

20   Dated: May 23, 2007
                                                     Richard W. Wieking, Clerk
21                                                   By: Jennifer Ottolini, Deputy Clerk

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